Arson

Question 1

define arson

Answer 1

a person commits arson if he intentionally and unlawfully sets fire to:
1. immovable prop belonging to another person
2. immovable property belonging to themself where another person has a substantial interest in it

Question 2

what type of crime is it

Answer 2

a common law crime
particularly a form of malicious damage to property

Question 3

what are the elements of arson

Answer 3

setting fire to
immovable prop
intent
unlawfulness

Question 4

what does the setting fire to element involve

Answer 4

the crime is completed the moment the prop is set on fire
if person is caught at preparation stage before ignition- conviction for attempted arson

Question 5

describe the immovable property element of arson

Answer 5

can only be committed in respect of immovable property
not movable property

Question 6

what happened in the case of S V Dalindyebo

Answer 6

in the case of Dalindyebo
the accused argued that because the houses were his prop, he could not be guilty of arson
set fire to dwellings to evict the people
SCA held that arson may be committed where a person sets fire to his own immovable property with the intention to prejudice prop
ownership of land by chief is qualified by legitimate interest of another
it was held that the appellant set fire to complainants homes with intention to injure

Question 7

what does the intent element of arson entail

Answer 7

intention to damage prop by setting it alight and causing partimonial harm
dolus req
Dalindyebo intended to cause injury (homeless)

Question 8

unlawfulness element of arson

Answer 8

same as damge to prop